After being shut down by the city previously at a couple of
other locations, the business reopened as 420 Hitters in a strip
mall storefront on Casino Drive before it was closed in a March
raid by sheriff's investigators. They arrested three individuals
associated with the business on charges related to the illegal
cultivation, possession and sale of marijuana. Their arraignments
are pending.

When R-Side proprietor Carlos Stahl tried to reopen, the city
successfully sought a temporary court order to stop the operation
while seeking the preliminary injunction.

Vineyard decided Tuesday that the injunction was merited, based
on his determination that Lake Elsinore probably would prevail in
the case.

Lake Elsinore officials asked for the injunction in connection
with a lawsuit Stahl filed against the city last year. In the suit,
the Lakeland Village resident contends the city, in shutting his
business down, is violating his right to operate in accordance with
the California Compassionate Use Act and Medical Marijuana
Program.

The city contends R-Side Medical violated the city's ban on
medical marijuana dispensaries; failed to obtain a business
license; failed to comply with zoning regulations; performed
construction or building alterations without permits; impermissibly
used temporary electrical power; and created a public nuisance.

R-Side's attorney, Lee Petros, argued against the injunction,
stating the issues involved in his client's case were similar to
those in other pending cases pitting medical marijuana dispensaries
against municipal authorities.

"This is one of a series of cases that appears to be going up
through the appellate court," he said.

Vineyard, however, said the city's position involves other
allegations outside the scope of the argument over whether cities
can use their codes to prohibit medical marijuana outlets.

The commissioner, however, did rule against the city's request
for authorization to inspect the premises of Stahl's business
without a court-authorized search warrant.

After the hearing, Petros said that assuming his client agrees,
the next step would be to appeal the commissioner's ruling to the
appellate court.

Recently, an appellate court judge allowed the operator of other
medical marijuana collectives, including one in Wildomar, to reopen
while an appeal is being decided.

"The issue is with the local level and how they're able to
enforce their local level municipal codes versus how that impacts
state law with respect to the Compassionate Use Act" and the
Medical Marijuana Program, Petros said.